ASHOK KUMAR AGARWAL Vs. NEENA CHAND

JUDGEMENT

(1.) CHALLENGING the order dated 24. 4. 2006 passed by Learned Judge, IV Bench of the Small Causes Court at Calcutta in connection with Ejectment Suit No. 351 of 2003, this Revisional Application under Article 227 of the Constitution of India has been preferred by the petitioner / defendant tenant.

(2.) GRIEVANCES of the petitioner as ventilated in the instant application may briefly be stated as follows;-That the opposite party / plaintiff instituted a suit being Ejectment Suit No. 414 of 1990 before the Learned Judge, 9th Bench City Civil Court at Calcutta against the petitioner/defendant tenant inter alia, praying for eviction in respect of the suit premises as described in the plaint on the ground of default since September, 1987. The petitioner duly entered appearance through his learned Advocate and filed an application under Section 17 (2) (2a) (b) of the W. B. P. T. Act, 1956 and admitted as defaulter in payment of rent but disputed the tenancy with the plaintiff as the landlord and tenant. He became the tenant under one Tribhuban Chand, since deceased as his landlord, the father of the plaintiff.

(3.) THE above suit was subsequently transferred before the Small Causes Court at calcutta and it has been renumbered as Ejectment Suit No. 351 of 2003.